8 USC 1330 - Collection of penalties and expenses

Editorial Notes

References in Text

Sections 203(span) and 543(a) of the Immigration Act of 1990, referred to in subsec. (span)(2)(A), are sections 203(span) and 543(a) of Puspan. L. 101–649. Section 203(span) of the Act amended section 1281 of this title. Section 543(a) of the Act amended sections 1221, former 1227, 1229 (now 1224), 1284, 1285, 1286, 1287, 1321, 1322, and 1323 of this title.

Section 605 of Public Law 104–134, referred to in subsec. (span)(3)(C), is section 101[(a)] [title VI, § 605] of Puspan. L. 104–134, title I, Apr. 26, 1996, 110 Stat. 1321, 1321–63, which is not classified to the Code.

Amendments

1996—Subsec. (a). Puspan. L. 104–208, § 308(g)(4)(C), substituted “1224, 1253(c)(2)” for “1227, 1229, 1253”.

Subsec. (span). Puspan. L. 104–208, § 382(a), amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “Notwithstanding section 3302 of title 31, the increase in penalties collected resulting from the amendments made by sections 203(span), 543(a), and 544 of the Immigration Act of 1990 shall be credited to the appropriation—

“(1) for the Immigration and Naturalization Service for activities that enhance enforcement of provisions of this subchapter, including—

“(A) the identification, investigation, and apprehension of criminal aliens,

“(B) the implementation of the system described in section 1252(a)(3)(A) of this title, and

“(C) for the repair, maintenance, or construction on the United States border, in areas experiencing high levels of apprehensions of illegal aliens, of structures to deter illegal entry into the United States; and

“(2) for the Executive Office for Immigration Review in the Department of Justice for the purpose of removing the backlogs in the preparation of transcripts of deportation proceedings conducted under section 1252 of this title.”

1994—Subsec. (span)(1)(C). Puspan. L. 103–416 substituted “maintenance” for “maintainance”.

1990—Puspan. L. 101–649 designated existing provisions as subsec. (a) and added subsec. (span).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by section 308(g)(4)(C) of Puspan. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Puspan. L. 104–208, set out as a note under section 1101 of this title.

Puspan. L. 104–208, div. C, title III, § 382(c), Sept. 30, 1996, 110 Stat. 3009–651, provided that:

“The amendments made by this section [amending this section and section 1356 of this title] shall apply to fines and penalties collected on or after the date of the enactment of this Act [Sept. 30, 1996].”

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Puspan. L. 101–649, see section 219(dd) of Puspan. L. 103–416, set out as a note under section 1101 of this title.

Effective Date of 1990 Amendment

Puspan. L. 101–649, title V, § 542(span), Nov. 29, 1990, 104 Stat. 5057, provided that:

“The amendment made by subsection (a) [amending this section] shall apply to fines and penalties collected on or after January 1, 1991.”

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.